Northampton Web Log

Florence resident Doris Montgomery recently lost health insurance eligibility after having served Northampton’s school children for eighteen years as a cafeteria worker. Leaving in 2002 at the age of fifty due to declining health, Montgomery deferred applying for disability insurance choosing instead to retire from the city at fifty-five and apply for health benefits. Though the worked garnered low wages, Montgomery had remained in part because she thought that the health benefit was worth it. Upon resignation on September 5, 2002 Montgomery visited the City Treasurer’s office that formerly administered health benefits and received a signed letter from Assistant City Treasurer Heidi Sawicki that included the names of Helen Marusek-Treasurer and Carolyn Horrigan-Benefits Coordinator. “This is a follow-up to our conversation of last week. Upon your retirement, you will be eligible to join the city’s health insurance plan as a retiree. If you choose not to participate at that particular time, you will have the opportunity to join once a year, during our open enrollment period, usually in the month of May. If you have any other questions or concerns, please don’t hesitate to contact our office.” About a year after Higgins’ policy change, in November, 2006, Montgomery received a letter from Glenda Stoddard, Northampton’s Human Resources Director who now administers health benefits. “This letter is to inform you that we have implemented a new policy relative to employee and retiree eligibility for the City of Northampton’s Group Health Insurance benefits. The content of this policy supersedes any other policy or information you may have. I have enclosed a copy of the policy for your review. This policy can be changed and updated as the needs of the City dictate. Please call me if you have any questions.” After examining the new policy Montgomery concluded that she had lost health insurance eligibility retroactively because she had not directly retired from the city. There had been no advance opportunity to enroll in its group health insurance plan because the policy was altered without notice contrary to Higgins’ assertion that, “I know that we notified everybody in writing who had ten years or more in the plan who was incurring on our health insurance. We notified them that the change was going to happen.” She further added, “…I will say to you that we’re looking at individual cases as they come forward and if there is an individual case that seems like they didn’t quite understand it, we’re going to look at that and try and make it fair,” and “…if somebody comes forward saying, we retired and were given this and then this happened and so on, we’re going to work with them. But I’m not going to necessarily work with somebody who worked for the city ten or twelve, fifteen years ‘just go work someplace else for twenty years and then come back’ that they are necessarily going to get on our health insurance.” After notification Montgomery made three visits and as many phone calls to Higgins’ office but Higgins was not accessible and still has not responded. In an open letter to Higgins and the Northampton City Council that was distributed to the Springfield Republican and Daily Hampshire Gazette, Northampton’s former Human Resources Director Don Teres takes issue with Higgins’ policy change, “The ten plus people who elected to take the “deferred retirement option” worked for the City of Northampton and on behalf of its residents for a minimum of ten years…they were dedicated and hard working, and understood and believed that if they stayed long enough to earn the benefit [that] they were promised, [that] it would be there for them when it came time for them to retire. On behalf of those retirees, I would ask you to reconsider amending the policy to make it prospective and continue to honor the words and administrative practices of past administrations.”

The following exchange occurred on Gazette’s Talkback feature in response to an article, “City proclamation acknowledges mentally retarded.” Gazette Talkback: It’s amazing that the Mayor is proclaiming March to be mental retardation awareness month, when she is aware of the discrimination and harassment of mentally retarded residents living in Meadowbrook and does nothing about it. (or maybe that is because she is good friends with the owner of Meadowbrook). Against Discrimination Saturday, Mar 17, 2007 at 12:55 PM

Against Discrimination: do you have any facts regarding this assertion? Who is being discriminated against? How do you know the mayor is aware of it? Has a complaint been filed? Tell us more. Daryl G. LaFleur Saturday, Mar 17, 2007 at 06:21 PMYes, there have been numerous MCAD complaints filed - the mayor has received emails concerning discrimination, harassment and retaliation and has failed to do anything (this includes against the elderly by management). No on(e) will investigate what is going on at Meadowbrook and it continues. The Mayor told one tenant that “at least she had a place to live”. There has been a flight of people who have left Meadowbrook because of this and the whole community has changed - drug dealing is rampant, etc., etc. Against Discrimination Saturday, Mar 17, 2007 at 06:43 PMPlease call me at 586-8555 if you’d like to discuss this further. Daryl G. LaFleur, Saturday, Mar 17, 2007 at 07:58 PM

 

A Meadowbrook tenant telephoned me after my first entry, though it was not the person who adopted the Against Discrimination moniker. As a condition of speaking with me this person (hereafter known as Tenant A) told me his name and I promised to protect his identity because he fears retribution from Meadowbrook management, maintenance staff, as well as other tenants. We spoke for about an hour and then he sent me numerous messages via email. I had a difficult time sleeping Saturday night after reading the information that he sent, some of which is contained below.I visited Meadowbrook the following day, Sunday, at 1 PM. I met Tenant A and received a tour of the 252-unit approximately 500-resident affordable housing complex. Meadowbrook is currently assessed for $16.3 million and located on about 27 acres for a density of about 18.5 persons per acre. During the tour Tenant A avoided areas he felt were unsafe to be seen with a man toting a camera. Please see the gallery to the left containing the pictures I took in an attempt to document the snow removal neglect apparent from the outset of my visit. Handicap spaces, sidewalks, and crosswalks were not cleared. Many of the orange buckets that are supposed to contain de-icing salt were empty before and after the storm. The only fire hydrant I noticed was snowed in. Most handicap spaces are not coded in blue or marked with crosshatched walkways and some are missing signs. Snow was piled everywhere and the conditions were not passable for people with mobility or vision disabilities or small children and strollers. Snow clearing was only part of the problem however as soon was testified. Tenant A brought me back to his apartment and there I met with him and two other Meadowbrook residents, Tenants B and C, who reside in separate units. Among other things the three informed me that absent are emergency exit signs and management’s contact information that they said is supposed to be posted at building egresses. Lighting during the evening is poor with 52 streetlights they counted either not working or not present and there are many electric lead wires extending from the ground throughout the complex. There is no staff of any kind on the grounds on weekends and after 4:30 PM weekdays. Further they said there are only four individuals hired as direct maintenance staff for Meadowbrook and there are 82 vendors contracted to perform all other services at the site.

 

A security service firm sends personnel in on a rotating basis, four days on, three days off, from 6 PM-2AM, thus there are many hours every day and three entire days each week where there is no security present according to Tenants ABC. I was shown copies of police logs that indicated there were approximately 1,260 calls made to the Northampton Police Department from January 1, 2005 to November 2, 2006, or about 14 per week or two per day on average. Tenants ABC asserted that someone has placed unmentionable items on doorsteps and that security doors are frequently propped open and left ajar. Tenants ABC indicated that Meadowbrook management tells them to call police when they think other tenants are harassing them and that Police officers indicate to them that management should be taking care of these types of problems. They allege the presence of a rampant drug trade that is condoned by management and maintenance staff with no proactive neighborhood watches encouraged and in fact they are discouraged by breaches of confidentiality by management. When a tenant complains about another tenant management allegedly notifies the tenant complained against with the name of the complainer.

 

As of January 1, 2007 there were seven pending civil cases being brought against the owners of Meadowbrook, Preservation of Affordable Housing, Inc. (POAH) a 501c3 nonprofit organization whose address is listed as 40 Court Street, Ste. 650, Boston, MA 02108, including suits regarding discrimination practices and wrongful termination of employment. Responsible for managing the site is POAH affiliate Preservation Housing Management, LLC (PHM) of 3100 Broadway, Ste. 114, Kansas City, MO 64111. Listed on POAH’s 2004 and 2005 tax returns as its directors are William Apgar, Joint Center for Housing Studies, Cambridge, MA, Reese Fayde, Living Cities, New York, NY, Herbert Morse, Hingham, MA, Carol Glazer, New York, NY, George Latimer, St. Paul, MN, David Stanley, Livingston, MT, and Mark Goldhaber, Raleigh, NC. Goldhaber replaced Jewel Scott, Kansas City, MO in 2004.

 

After returning home from my three-hour site visit I received more email messages. Apparently the apartments that were flooded with sewage in early September 2005 resulted in the tenants losing all their belongings. To their credit, after some negotiating, POAH allocated $15 thousand for five families to replace some furnishings. There was some community fundraising as well. Tenants ABC asserted POAH had manhole covers cemented over contributing to the flooding and that five apartments remain offline 18 months later, but the other apartments in the building are occupied and the smell of ammonia from dissolving waste is intoxicating. Tenants ABC raised questions like: Who is paying for these vacant apartments? Whose items are being stored there? When will they be rehabilitated? Are these fumes toxic?

 

Tenants ABC assert that since the current property manager took over, the mortgage arrearage has increased from $64 K to $100 K based on their reading of Mass. Housing reports. They continued that they believe not all prospective tenants are being subjected to criminal background checks they said is required by law.

 

Further, they added that the following people have been contacted regarding various aspects of deteriorating living conditions at Meadowbrook, but none have been active in seeking resolutions: Rosemary Sandlin, Hampden State Representative, Bernie Horan, Mass. Housing, Mary Clare Higgins, Northampton Mayor, David Murphy, Ward 5 City Councilor, Amy Anthony, POAH Director, Lauri Brown, Vice President PHM, Peter Kocot, Hampshire State Representative, Jon Hite, Northampton Housing Authority Director, Sgt. Andrew Trushaw, Northampton Police Department, Ernie Mathieu, Northampton Health Director, the Northampton Fire Department, Electrical Inspector, Building Code Inspector, and Paul Halfmann, Mass. State Sanitation Director. Tenants ABC provided me copies of two emails sent to Mayor Higgins’ office in June and July of 2006 regarding the living conditions described herein and indicated they received no response. Tenants ABC further added that numerous complaints have been filed with Fair Housing of Mass., Mass. Commission Against Discrimination, and the Hampshire County Housing Court.

Tenants ABC couldn’t thank me enough for listening, taking notes, and promising to do the best that I could do to help. They are pleased someone is finally taking them seriously. But while I could leave for the tranquility of my home, they dispersed quietly into what the community of Meadowbrook has devolved into, forced to soldier on and endeavor to persevere in a deteriorating climate apparently created by the greater community’s lack of oversight, a community of which I am a member. I observed no joy in Meadowbrook.

There was a public forum held Saturday, February 17, 2007, at the Academy of Music concerning Academy affairs. The event was co-sponsored by the Academy’s Board of Trustees, the Northampton Center for the Arts, the City Council’s Cultural Affairs Committee, and the Mayor’s office.

The Board of Trustees and the Mayor’s office didn’t respond to the Paradise City Forum’s request to co-sponsor the meeting thus we had no platform from which to pose unscreened questions. Several folks in attendance from the PCF indicated to me after the meeting that their questions were not read, though I suppose some might have been as well. We usually receive positive feedback with regards to the quality and tone of our live forums, so I’m not certain why we weren’t invited to participate or help plan the event since so many of us have weighed in publicly on the matter. For some of us the discussion seemed derived from a script controlled from the outset by those most politically familiar with the crisis, while others holding a contrasting perspective seemed delighted to be out on the town and involved in the bailout. In my view it was an opera house divided, though politely so.

It is true that during a time of crisis, opportunities often arise allowing for those with influence to make their mark. Who can forget President Bush’s stunning rise in popularity polls as he led the country immediately after the World Trade Center attacks on September 11, 2001. Today President Bush has yet to learn how to admit past mistakes and reach across the aisle to successfully work with his critics. As a consequence some assess his administration as polarizing and having wasted opportunities to unite the country. Similarly, this forum didn’t seem inclusive as those orchestrating it offered one basic perspective and limited the free exchange of ideas. Concepts were not developed beyond brief sound-bite answers and I could hear ongoing comments from several people in the audience seated near me who grumbled under their breaths, dissatisfied with the discourse as it was.

Invited by Mayor Mary Clare Higgins, Susan Kohler Gray moderated the forum and indicated they had issued about 200 Frequently Asked Questions leaflets. I took a count and can confirm her estimate that between 150-200 people attended, including many of Northampton’s notables. She further added that the sponsors were conducting this forum because it is difficult to have a conversation through the media, though one seldom hears this criticism when the media is acting congenially towards those in authority.

Ms. Gray set the tone early by going through the forum “Agreement” that was posted on an easel down in front, though none in the audience signed it that I could tell. It read, “Open Minded, Curious, Respectful, Focused, Brief, Allow me to move us along,” these were the directions we were given. Index cards had been issued as we entered the building and we were to write down our questions and hand them back in. After a half hour’s worth of introductions another eighteen minutes expired while Mayor Higgins, City Council President Michael Bardsley, and Northampton Center for the Arts Director Penny Burke issued statements regarding the Academy. After the index cards were collected Ms. Gray went through the cards and at 1:48 PM she began posing questions to members of the Board of Trustees, who were sitting in with the audience nearest the stage. Few allowances were made for follow up questions, though a few people persisted. I didn’t record every question but here’s what I did take notes on and how I see things for what it’s worth:

One question concerned why the minutes of Trustee board meetings have not been made public. Mayor Higgins replied that she didn’t think 501(c)3 nonprofit organizations are required to make public their minutes.

However I must interject that since the Academy is accepting public monies adopting this practice would be prudent, otherwise this could be interpreted as taxation without representation. One of the problems the board manifested when incorporating as a nonprofit in 2000 is the appearance of no accountability and transparency to the public. Not holding public meetings or making available meeting minutes compounds unease in the community as Trustees bypass these issues by claiming they’re not required to provide such information or to perform as such. I maintain that Trustees cannot have it both ways, that is, being the recipient of a $50 thousand public bailout sans formal documented public oversight is not equitable. As an aside, the moderator indicated minutes were being kept and would be distributed in a timely fashion and I noticed someone audio visually recording the forum as well.

Other questions concerned the state of the Academy and whether or not the community at large should elect board members. Board President Andrew J. Crystal responded that Mr. Lyman’s original deed called for five appointed members and that the nonprofit corporation redrafted Lyman’s intent to include eleven self-perpetuating members and currently two seats are open. He stated Mayor Higgins is the board member with the longest tenure serving for the past seven years and added that if anyone is interested in serving in this capacity they should send a request to: info@academyofmusictheatre.com. He replied further that board members have been actively recruiting new members but that it is difficult getting people to join. Asked what weaknesses the board has he stepped down unable to formulate a cogent response to the query.

Linda C. McInerney, a relatively new board member who lives in Deerfield, stepped up and delivered a straightforward reply. She implied Trustees should work harder to secure a broader donor base and to establish an annual fundraising campaign. She quite directly and earnestly exclaimed she has logged more than 30 hours a week trying to help repair what is wrong with the Academy. She explained further that Trustees didn’t put out a community distress call sooner because they didn’t want to inhibit would-be donors.

Of course from a policy perspective, had it become public knowledge that the Academy was in trouble, the public’s perception related to other issues of local concern might have been altered as well, as the Academy’s core leaders are involved in many other municipal proceedings. Successful politics relates to positive perceptions, not necessarily realities, so it is not uncommon for politicians to accentuate their involvement with positive issues while minimizing their involvement with the negative ones, in order to retain political power. To be sure the Academy has been foundering for years, its demise shielded by a perception that things were running smoothly and progressing nicely. Now we know the truth of the situation.

Mr. Peotter of WGBY was in attendance, and some in the crowd murmured pleasure at the new alliance forged between the public television station and the Academy, but one woman questioned the potential loss of public control, referencing the recent programming changes at National Public Radio’s WFCR as an example. Though it was indicated WGBY intended to help only with fundraising, the television station also plans to open an office in the Academy thereby giving them a regular presence in the building, while also conducting ten events annually. It seems WGBY will be involved in more than fundraising.

The control issue was introduced again when another woman put forth the creation of a new group that had formed, FAME, Friends of the Academy of Music Endowment. She was informed that fundraising would come under WGBY’s “umbrella” in order to not replicate efforts. For more information send an email to info@nohofame.org.

When asked what lessons have been learned Mayor Higgins responded aptly with a public policy cliché that the Academy “can’t do the same thing over and over again and expect different results.” She continued that community members need to discuss future programming, governance, and the prospects for the Academy collaborating with other arts organizations so as not to compete with each other for the same public dollars.

Smith College President and Academy Trustee Carol T. Christ chimed in that the Academy doesn’t take in an adequate amount of donations, that the movie business is a difficult one, and that the Academy needs a viable fundraising plan. She also added that Smith College officials couldn’t simply divert money entrusted to them for students, buildings, and grounds to the Academy.

Trustee Paul Weinberg explained that it took the board “courage to do the right thing” in closing down the film aspects of the Academy and firing associated staff. He said that only 40-50 people attended movies nightly on a regular basis. Asked about the union contracts, Mr. Crystal indicated when the current projectionist contract expires a new one will be negotiated, but he didn’t address the personnel who had been fired or whether they would be called back to work or not.

When the question was read, “Should members of the Board of Trustees resign?” an outburst occurred as an anonymous voice from the rear of the opera house bellowed “NO!” and Mr. Crystal replied that the “board didn’t do anything wrong,” that they had reduced the Academy deficit from $300 thousand to less than half that amount, and that each member of the Board of Trustees made a significant financial contribution to the Academy in the past year, not elaborating further. Ms. McInerney added that the board is “pure, with no bad guys.”

Another pointed question posed: can the Academy operate without an expensive Executive Director? In response Mayor Higgins stated, “The recent difficulties with staff had nothing to do with where we (the Academy) landed.” She furthered that compensation of $40 thousand per year for a half-time Executive Director was not extravagant. There also was some confusion as to whether the Executive Director resigned or was fired.

At about 2:45 they took a few questions from the audience Paradise City Forum style, but several hands were retracted as the meeting concluded by 3:00 and the moderator indicated she didn’t get through all the index cards. She did announce that another forum would take place in five weeks at the Northampton Center for the Arts, across the street in the Old School Commons, on Sunday, March 25, from 1-3 PM. That meeting would be more interactive she promised.

Comments from the audience in those closing minutes included that a venue of this sort needs 60% of its revenues to originate from fundraising, the alliance with WGBY might lead to the homogenization of programming, arts workers are not paid enough, running a single screen theatre is economically unsustainable and the balcony could possibly be converted into a couple of smaller screen venues, the Academy could sell “time shares” to community arts organizations, and finally Trustee meeting minutes should be made available to the public.

Academy of Music

During a recent Northampton City Council discussion regarding the Academy of Music crisis few queries were posed by Councilors to Mayor Higgins, the only Academy Trustee among them. I find this lack of discourse disappointing when considering the acute media coverage, letters to the editor, guest editorials, and barrage of online communications put forth by ordinary citizens. Several elected officials were content to revise this outpouring as false hysteria created by the media and I respectfully disagree. During their meeting docile Councilors bobbled their heads in cadence with Mayor Higgins’ declamation to look forward as she implored them to glance briefly in their rearview mirrors while reasoning there will be many bites at the apple regarding her Academy pension plan. Thus a public policy debacle was reduced to facile and inappropriate imagery, that we’re driving a car, eating fruit, and should stay focused on what lies ahead. Mayor Higgins would rather we not examine the origins of the Academy’s problems too extensively.

Then the Council approved $50 thousand in spending for the Academy’s heating bill, so we are in essence paying first and can ask questions later in what likely will be a choreographed meeting absent television cameras. As a veteran of city petition initiatives and working group processes, from Hospital Hill to Smith College expansion to the Sustainability Plan, I offer these insights as to what might be in store for February 17: Criticisms will be marginalized as being uncivil and backward thinking. Incomplete explanations and past ill-advised decisions will be minimized. Those running the meeting and in authority will remain immune from accountability. As time runs out hands may still be extended upward representing comments that will not be heard. Finally, depending upon the meeting’s tone, it is doubtful there will be plans announced for future forums.

Having attended the Silver Chord Bowl Sunday at John M. Greene Hall, it was clear the Academy is on everyone’s mind, so much so that one of the Masters of Ceremony mistakenly welcomed us all to the Academy of Music! The election season kicked-off early as well with six local politicians running ads in the Four Sundays in February arts program, whose other sponsors read like a Who’s Who of Higgins and Smith College administration supporters. Clearly people are working hard as the proceeds for the day estimated at $20 thousand will be designated for the Academy.

Residents failing to recognize these policy orchestrations for what they are however, permit these municipal charades to continue ad nauseam. The following represents a sampling of issues raised by the public prior to the Council meeting that provide ample fodder for discussion but were ignored:

With 48 hours notice twelve employees were fired without severance packages, with limited health insurance provisions, no pension benefits, and the loss of accrued vacation time. How is this not a calamity?

Trustees intend to utilize per diem staff for the few remaining events scheduled at the Academy, after they fired the unionized staff. How might organized labor respond to this?

When I petitioned the Mayor’s office for the Academy’s tax-exempt application on behalf of the Paradise City Forum, she referred me to the Board of Trustees President. In her role as my elected representative on that same board I didn’t expect her to shirk the request, I expected her to access these public documents and share them with the community. How is this not the Mayor’s responsibility?

How has the Academy’s deed and Nonprofit Board’s bylaws been reconciled? Who decides which document takes precedence and when?

The Nonprofit Board’s bylaws require the formation of a 25-member Advisory Board. Why has this board lapsed?

A Trustee was granted the Academy’s insurance contract in 2004, which would not be allowed with other municipal entities due to conflict of interest laws. Why did this happen?

Do Trustees benefit from personal tax deductions due to the tracking of their volunteer hours on Academy tax returns?

There has not been public disclosure regarding how a $2 million grant received in 2000 has been allocated for Academy capital improvements. Who received the contracts and what processes were utilized in dispensing this public money? Combine this with the $50 thousand for heating expenses and how is this not taxation without representation since the Academy is governed by a self-perpetuating Board of Trustees that has never held a public meeting?

Mayor Higgins, in your six-year tenure on the Board were there no problems that deserved public attention until recently?

In my view a public apology is in order from the Board of Trustees. When public governance fails it is imperative that officials set aside denials and acknowledge such shortcomings in order to restore public confidence that officials attempt to manifest policies through clear vision, not simplistic metaphors. While looking forward constitutes an appropriate measure it is my hope that Northampton residents are paying close attention to the details of the events that have led to the Academy of Music’s demise. If the Council is not going to ask difficult questions of the current administration then it is up to the voters to express themselves at the ballot box this fall.